In re Daly

Order unanimously affirmed without costs. Memorandum: On September 10, 1996, a primary election was held in certain portions of Niagara County for the Independence Party nomination for Member of the Assembly of the 138th Assembly District between Joseph Pillittere (respondent), the designated candidate, and petitioner, who waged a write-in campaign. The Niagara County Board of Elections (Board) found five write-in ballots cast for petitioner to be invalid. Petitioner commenced this proceeding pursuant to Election Law § 16-106 seeking an order declaring four of the five disallowed write-in…